Here it is. The abstract of the article of greatest interest is as follows:
‘When he delivered his judgment in Pritchard Joyce & Hinds v Batcup [2008] EWHC 20 (QB) Underhill J said that he had striven to avoid hindsight and had reminded himself that the central issue he had to decide was whether any reasonably [...]
Entries Tagged as 'Limitations of actions'
Latest lawyers’ liability newsletter from Reynolds Porter Chamberlain
August 3rd, 2009 · No Comments
Tags: Limitations of actions · Negligence
Negligence claim against solicitor is a relevant factor in a limitation period extension application, part II
April 23rd, 2009 · No Comments
I posted about this issue, as it arose in a 2007 decision of Justice Forrest, here. Since May 2003, certain Victorian actions for personal injury must be brought within 3 years after the injury was discovered to be attributable to the defendant’s negligence, or 12 years after the allegedly negligence conduct, whichever comes first. Previously [...]
Tags: Limitations of actions · Negligence · defences · doctors
Negligence claim against solicitor is a relevant factor in a limitation period extension application
December 16th, 2008 · No Comments
Personal injuries guru recently turned Supreme Court judge, Justice Forrest, declined an application for an extension of time in which to bring an action for negligence against a cruise line. The case was Gordon v Norwegian Capricorn Line (Australia) Pty Ltd [2007] VSC 517. His Honour said the case against the cruise line was a [...]
Tags: Limitations of actions · Negligence
New writing about the law in Melbourne
October 14th, 2008 · No Comments
A Melbourne lawyer has written a book about a landmark Melbourne case. Michelle Schwarz’s A Question of Power; The Geoff Clark Case has just been published by Morrie Schwarz’s Black Inc which also publishes The Monthly and Quarterly Essay. Judging by the ‘top articles this month’ panel, there is a huge thirst out [...]
Tags: Book reviews · Legal writing · Limitations of actions
Negligent misstatement limitation period lecture
June 9th, 2008 · No Comments
Update, 20 November 2008: The latest decision is Pegasus Management Holdings S.C.A. v Ernst & Young (a firm) [2008] EWHC 2720 (Ch). A CMS Cameron McKenna Law Now note may be read here.
Original post: The Law Institute is putting on a lecture at lunchtime on 24 June 2008 by an ex-megafirms lawyer who has [...]
Tags: Fiduciary duties · Limitations of actions · Negligence · defences
2nd edition of Professional Liability in Australia reviewed
October 18th, 2007 · No Comments
I was already a fan of the first edition of Judge Stephen Walmsley SC, Alister Abadee, and Ben Zipser’s excellent Professional Liability in Australia, published by Thomson, and had been waiting for the new edition with interest. I got myself a copy the other day. It’s good, and there are substantial additions since [...]
Tags: Advocates' Immunity · Barristers' immunity · Book reviews · Causation · Discipline · Duties to third parties · Ethics · Fair Trading Act · Fiduciary duties · Forensic immunity · Legal Profession Act · Legal writing · Limitations of actions · Misconduct · Negligence · Professional regulation · Proportionate Liability · Retainers · Striking off · Uncategorized · Wasted costs · conflicts · defences · doctors · duties of confidentiality · legal professional privilege · two bites at the cherry
The 60 day time limit for instituting VCAT proceedings under the Legal Profession Act
August 3rd, 2007 · No Comments
In Ralph Cosentino v MY [2007] VCAT 1319, Member Butcher continued a tradition of statutory interpretation of a little technical provision about when service of statutory notices is effective. That tradition, of the Legal Profession Tribunal and its predecessors, has always troubled me. Though it does not seem to have been cited by counsel, a [...]
Tags: Legal Practice Act · Legal Profession Act · Limitations of actions · VCAT Act
High Court speaks on accrual of cause of action for negligence in pure economic loss case
April 22nd, 2007 · No Comments
On Friday, the High Court published a near unanimous judgment in Commonwealth of Australia v Cornwell [2007] HCA 16 on the accrual of a cause of action for negligence in which pure economic loss was claimed. I am yet to read the judgment properly, however it is apparent that a cause of action in negligence [...]
Tags: Limitations of actions · Negligence · defences
The beautiful harshness of English limitation of actions law
March 20th, 2007 · No Comments
The technical defence is for me a beautiful fascination. A self-confessed “fact Nazi” and chronology enthusiast, I would nevertheless prefer not to have to charge clients for the kind of obsessive mastery of facts in complicated and long-running failed litigation which is the subject of a professional negligence suit unless absolutely necessary. Summary disposition holds [...]
Tags: Limitations of actions · defences
How a case half in and half out of the limitation period is dealt with
December 16th, 2006 · No Comments
The approach of VCAT’s Legal Practice List to a nice limitations point is illustrated by Wells’s Case, [2006] VCAT 2370 (Senior Member Howell, 16 November 2006), also the subject of this post. What must have been a professional negligence action was commenced just 4 days before the 6th anniversary of the Legal Practitioner ceasing [...]
Tags: Fair Trading Act · Legal Practice Act · Legal Profession Act · Limitations of actions · Negligence · defences

